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Kariseb/Implementation of article 9 of the Women’s Rights Protocol in Namibia
limited place in public space. What is needed is a total deconstruction
of private/public socialization right from the outset.
Secondly, like the public/private socialisation, cultural
socialisation too has affected women’s perception of and inclusion in
political structures in Namibia. As Rao observed:
…[t]he notion of culture favoured by international actors must be unmasked for
what it is: a falsely rigid, ahistorical, selectively chosen set of self-justificatory texts
and practices whose patent partiality raises the question of exactly whose interests
are being served and who comes out on top. We need to problematize all of culture,
not just the perceived ‘bad’ aspects. When we limit our inquiry to egregious
violations, we limit our capacity to ameliorate human pain to just that one instance
of a ‘bad cultural practice.’ Without questioning the political uses of culture,
without placing the very notion of culture in historical context and investigating the
status of the interpreter, we cannot fully understand the ease with which women
become instrumentalised in larger battles of political, economic, military, and
discursive competition in the international arena.77
The suppression of women in political processes, manually often at the
whim of elitist men and structurally by established state processes, has
much to do with the social development of persons and their
integration and reaction towards this moral development. Thus when
women, or, even some men view themselves as less credible for political
spaces, their socialisation embedded in their moral development is
central to that line of reasoning. The study of moral development is
certainly nothing new, and has, for some time, been a focus study in
human psychology.78 Different psychological schools tend to explain
the social influences of human reasoning. One such theory that has
caught the attention of socio-legal academics and anthropologists is the
social learning theory. Viewed from the social learning theory,
behaviour is acquired by direct learning, modelling and imitation, and
is maintained by positive reinforcement.
Another major challenge that has hampered women from
penetrating political spaces in Namibia is the fact that historically
women have not enjoyed the same level of autonomy that men enjoy. In
practice, especially in remote and rural Namibia, including peri-urban
areas, a women’s worth is measured largely in relation to the man to
whom she is associated.79 This position was deeply entrenched in both
customary and common law. For example, until the promulgation of
the Married Persons Equality Act in 1996, men legally, on the basis of
their sex, acquired marital power and control over the person and
property of their wives. Although the positivist common law position
77
78
79
A Rao ‘The politics of gender and culture in International human rights discourse’
in In J Peters & A Wolper (eds) Women’s rights, human rights: International
feminist perspectives (1995) 174.
See generally, JR Rest Moral development: Advances in research and theory
(1986) 1; J Piaget The moral judgement of the child (1950) 1; FN Kerlinger
Foundations of behavioral research (1986) 1; L Kohlberg & R Kramer
‘Continuities and discontinuities in childhood and adult moral development’
(1969) 12 Human Development 93-120; L Kohlberg ‘Stages and aging in moral
development some speculations’ (1973) 13 The Gerontologist 497-502.
J Mertus ‘State discriminatory family law and customary abuses’ in J Peters &
A Wolper (eds) Women’s rights, human rights: International feminist
perspectives (1995) 137. See also H Charlesworth ‘What are “women’s human
rights”’ in Cook (n 73) 69.
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